US8380548B2 - Method for managing intellectual property - Google Patents

Method for managing intellectual property Download PDF

Info

Publication number
US8380548B2
US8380548B2 US12/030,887 US3088708A US8380548B2 US 8380548 B2 US8380548 B2 US 8380548B2 US 3088708 A US3088708 A US 3088708A US 8380548 B2 US8380548 B2 US 8380548B2
Authority
US
United States
Prior art keywords
portfolio
genomes
goal
assets
optimal
Prior art date
Legal status (The legal status is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the status listed.)
Active, expires
Application number
US12/030,887
Other versions
US20080201187A1 (en
Inventor
So-ling Carmen Ng
Dexter Kam Chin
Current Assignee (The listed assignees may be inaccurate. Google has not performed a legal analysis and makes no representation or warranty as to the accuracy of the list.)
Individual
Original Assignee
Individual
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by Individual filed Critical Individual
Priority to US12/030,887 priority Critical patent/US8380548B2/en
Publication of US20080201187A1 publication Critical patent/US20080201187A1/en
Priority to US13/742,313 priority patent/US20130132288A1/en
Application granted granted Critical
Publication of US8380548B2 publication Critical patent/US8380548B2/en
Active legal-status Critical Current
Adjusted expiration legal-status Critical

Links

Images

Classifications

    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/06Asset management; Financial planning or analysis
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/06Resources, workflows, human or project management; Enterprise or organisation planning; Enterprise or organisation modelling
    • G06Q10/063Operations research, analysis or management
    • G06Q10/0637Strategic management or analysis, e.g. setting a goal or target of an organisation; Planning actions based on goals; Analysis or evaluation of effectiveness of goals
    • G06Q10/06375Prediction of business process outcome or impact based on a proposed change
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q30/00Commerce
    • G06Q30/02Marketing; Price estimation or determination; Fundraising
    • G06Q30/0201Market modelling; Market analysis; Collecting market data

Definitions

  • the present invention relates generally to management of intellectual property.
  • IP assets are very valuable in many fields of business. They have formed a major part of the group of intangible property assets which have gained increasing importance for corporations. Intellectual property comprises patents, trademarks, service marks, copyrights, trade secrets and other forms of proprietary knowledge.
  • IP portfolio systems are typically managed manually and day-by-day by responsible IP personnel.
  • the IP portfolio manager reviews the invention disclosure and rates the disclosure based on advice of team members. The rating will determine if the disclosure is to be filed as a patent application, closed (if no further action is deemed necessary) or published as a defensive publication. Such decisions are typically ad-hoc and prone to personal biases of the decision maker.
  • a method for managing a portfolio of IP assets comprises the step of generating an initial population of genomes, wherein a genome comprises a plurality of genes, a genome represents a portfolio of IP assets. The method further comprises the step of modifying the population using a genetic algorithm until a terminating condition is satisfied to obtain at least one genome representing an optimal IP portfolio that optimizes at least one goal. At least one recommendation for future actions is automatically generated based on the optimal IP portfolio.
  • a method for managing a portfolio of IP assets in another aspect of the invention discloses the step of receiving user information and analytical data, wherein the user information comprises a plurality of goals.
  • An optimal IP portfolio is searched based on the user information and analytical data using an informed search algorithm, the optimal IP portfolio optimizes at least one goal.
  • the method further includes processing the optimal IP portfolio to generate at least one recommendation for future actions.
  • a system for managing a portfolio of IP assets includes an input unit for receiving, processing, and storing user information and market information.
  • the user information includes a plurality of goals.
  • a search unit comprises a search algorithm that searches for an optimal IP portfolio that optimizes at least one goal is included.
  • the system further comprises a presentation device which is configured for presenting results based on the optimal IP portfolio.
  • a system for managing a portfolio of IP assets comprises an input unit and a search unit.
  • the input unit is configured for receiving user information and market information, wherein the user information includes a plurality of goals.
  • the search unit is configured to receive the user information and market information from the input module and uses a genetic algorithm to generate an optimal IP portfolio that optimizes at least one goal.
  • the genetic algorithm comprises determining fitness values of genomes by applying at least one objective fitness function to the genomes, wherein a genome represents an IP portfolio, an objective fitness function corresponds to a goal and a fitness value represents degree to which the goal is satisfied.
  • the parent genomes are selected for reproduction based on their fitness values and new child genomes are derived from the parent genomes.
  • the genetic algorithm further includes replacing the parent genomes with the child genomes.
  • FIG. 1 shows a system for managing IP in accordance with one embodiment of the invention
  • FIG. 2 shows a flowchart illustrating the operation of a genetic algorithm in accordance with one embodiment of the invention
  • FIG. 3 shows a genome in accordance with one embodiment of the invention
  • FIG. 4 shows a graphical output of an optimal patent strategy in accordance with one embodiment of the invention
  • FIG. 5 shows a textual output of an optimal patent strategy in accordance with one embodiment of the invention
  • FIG. 6 shows a computer-implemented method for managing IP in accordance with one embodiment of the invention.
  • FIG. 7 shows a list of information or data for managing IP in accordance with one embodiment of the invention.
  • IP Intellectual Property
  • IP includes, but is not limited to, patents (including plant patents, design patents, utility patents and petty patents), patent applications, international patent applications, industrial designs, trademarks, service marks, copyrights, licenses, trade secrets, domain names, confidential information owned by company not publicly known, and any other aspect of IP that gives a company a competitive edge or otherwise enhances the value of a company.
  • FIG. 1 shows a system for managing IP in accordance to one embodiment of the invention.
  • An IP management system 101 includes, in one embodiment, an input module 102 , a search module 106 and an output module 120 . Other configurations are also useful.
  • the input module 102 provides user information 103 and analytical data 104 to the search module 106 .
  • the search module searches for an optimal IP portfolio 116 based on the user information and analytical data.
  • the output module 120 processes the optimal IP portfolio and displays the results 124 .
  • the input module comprises, in one embodiment, a user server that receives, processes and stores input from the user.
  • the user can interact with the IP management system using client software which may be running within a browser application or a standalone desktop application on the user's personal computer or mobile device.
  • the client software communicates with the user server.
  • the user may provide information regarding the goals to be optimized, such as preferences regarding diversification, expected revenue, budget requirements, initial IP portfolio, target market segments, and other useful information.
  • the user may provide information about his or her company. This information may be saved in one or more files in the input module.
  • the goals to be optimized can vary depending on the patent strategy and business goals of the IP portfolio owner. Such goals include, for example, maximizing diversification, maximizing revenue potential, minimizing risks and minimizing costs.
  • the goals can be ranked in accordance with the level of importance, based on the nature of the business. For example, a young startup company born out of ground-breaking inventions should allocate significant resources to obtain protection for the core technology. Diversification may not be such an important factor to such start-up companies, as compared to growing companies, and may be assigned a lower weight than for example, the risk-minimization goal.
  • the initial IP portfolio can be the portfolio of IP assets which the user's company currently owns.
  • the initial IP portfolio can describe, for example, the number of issued patents, patent applications or a combination of both filed in different countries or jurisdictions. It can also describe the types of technologies that these issued patents or patent applications protect.
  • Technology fields can be classified according to the U.S. patent and Trademark Office (USPTO) technology classes.
  • USPTO U.S. patent and Trademark Office
  • Other types of classification systems such as the World Intellectual Property Organization (WIPO) International Patent Classification system, can also be used.
  • the input module further comprises a database server.
  • the database can be a Relational Database Management System (RDMS), such as a Microsoft SQL-Server, Oracle or other suitable systems.
  • RDMS Relational Database Management System
  • the input module serves to validate, refine and process raw source data into analytically useful data.
  • the raw source data may be obtained periodically from, for example, data vendors or commercial databases.
  • the input module provides the search module 106 with access to the validated analytical data 104 .
  • the analytical data 104 comprises, in one embodiment, IP market information, such as cost information and market information or indices.
  • Cost information includes, for example, the typical costs of procuring, maintaining or enforcing IP assets in different market segments.
  • the costs include, but are not limited to, professional services fees and official government fees such as filing fees, issue fees, maintenance fees, search fees and examination fees in different jurisdictions or countries.
  • Market information includes, for example, objective market indices that describe the competitive environment of a particular technology or jurisdiction. Such objective market indices can be obtained from public sources such as the Global Competitiveness Report published annually by the World Economic Forum, or computed by consulting skilled professionals.
  • the search module 106 searches for an optimal IP portfolio 116 that optimizes at least one goal, after evaluating a number of possible solutions.
  • the search module comprises a search algorithm, such as an informed search algorithm that uses a heuristic to reduce the search space and therefore, increases the efficiency of the search.
  • the informed search algorithm comprises, for example, an evolutionary algorithm (e.g., genetic algorithm), a swarm-based algorithm (e.g., particle swarm optimization and ant colony optimization) or a memetic algorithm. Other types of search algorithms are also useful.
  • the output module 120 processes and displays the optimal IP portfolio 116 .
  • the optimal IP portfolio can be used to, for example, aid the IP manager to manage IP assets in the company, or in making strategic filing and investment decisions.
  • the output module can also automatically provide the user with reports, recommendations or indicators regarding the projected returns on the optimal IP portfolio. For example, based on the user's company's initial and optimal IP portfolios, the output module may provide advice or make recommendations for future actions, such as whether or not to file, acquire or maintain legal protection for a specified invention, where to file the patent application, or which market segment to focus developmental efforts in.
  • FIG. 2 depicts a flowchart illustrating the operation of a genetic algorithm in the search module in accordance with one embodiment of the invention.
  • the genetic algorithm begins by receiving user information and analytical data.
  • the initial genome population is then generated at step 205 .
  • the genome population comprises a plurality of genomes (e.g., 100 ).
  • the number of genomes is determined by the resources (e.g., computing power) that are available, and the efficiency desired.
  • the number of genomes is selected to enable the genetic algorithm to efficiently and thoroughly search for the optimal IP portfolio.
  • the genome is represented by a vector data structure. One, two or multiple-dimensional vectors can be used. Other types of data structures or implementations are also useful.
  • a genome comprises a plurality of genes (i.e. alleles).
  • a genome represents an IP portfolio.
  • a gene corresponds to a segment of the IP portfolio.
  • FIG. 3 shows a genome G i in accordance with one embodiment of the invention.
  • a genome population comprises of M number of genomes G 1 , . . . G i , . . . G M , wherein M is a positive integer.
  • a genome G i comprises N number of genes g i,1 , . . . g i,j , . . . g i,N , wherein N is a positive integer.
  • the number of genes N is determined by the number of market segments in an IP portfolio to be analyzed.
  • each gene g i,j represents the number of patents filed in a market segment.
  • the market segment can be defined by, for example, the technology area or the jurisdiction.
  • a jurisdiction is defined by the state (e.g., California, New York), country (e.g., U.S., China, Singapore) or region (e.g., Europe, Asia).
  • a gene represents the number of patents filed in a particular jurisdiction and pertaining to a particular technology.
  • a gene can represent the number of patents filed in a particular technology field.
  • a gene represents the number of patents filed in a particular jurisdiction.
  • a combination of different types of genes or other types of configurations are also useful.
  • a gene can be represented by a 32-bit word, such as the one shown in FIG. 3 .
  • Words of other lengths such as 16, 64, and 124 bits, are also useful.
  • 4 bits (0 to 3) are used to represent the jurisdiction field
  • 16 bits (4 to 19) are used to represent the technology field
  • 12 bits (20 to 31) are used to represent the number of patents filed.
  • Other types of bit configurations are also useful.
  • 8 bits (0 to 7) can be used to represent the technology field and 8 bits (8 to 15) can be used to represent the number of patents.
  • the jurisdiction field contains an unsigned integer X that represents the country that the patents are filed in.
  • a look-up table such as the one shown in Table 1, can be used to match the integer X to the country.
  • the technology field contains an unsigned integer Y that can be mapped to the technology area using, for example, a lookup table.
  • the integer Y can be mapped to a technology area using a standard classification system, such as the U.S. patent Classification System (USPC).
  • USPC U.S. patent Classification System
  • classifications systems such as the International Patent Classification (IPC) system, the Japanese Patent Office File Index, the European Patent Classification (ECLA) system or the Derwent Classification system, can also be used.
  • the technology field e.g., 16 bits
  • main class e.g., 10 bits
  • sub-class e.g., 6 bits
  • Other ways of representing the technology area are also useful.
  • the genomes are randomly initialized to form the initial population at step 205 .
  • the genomes are initialized by randomly assigning 0 or 1 to each bit in the genome with equal probability.
  • the population is generated randomly, covering the entire range of possible solutions.
  • the population is “seeded” where optimal solutions are likely to be found. Other methods of improving the overall quality of search are also useful.
  • the fitness of each genome is evaluated at step 207 .
  • the fitness is determined by using at least one objective fitness function.
  • the fitness function measures how well the genome optimizes or satisfies the specified objective.
  • the number of fitness functions depends on the number of goals K to be achieved.
  • Each fitness function produces a fitness output value fk for the specified goal, where k is a positive integer.
  • the fitness value f k is preferably normalized to a unitless value wherein 0 ⁇ f k ⁇ 1, to allow for comparison between the different fitness values.
  • the fitness value is preferably standardized, wherein the optimal value is 0 and the worst value is 1.
  • the fitness values may be weighted according to the relative importance of the goals, using a weight factor w k wherein 0 ⁇ w k ⁇ 1.
  • the fitness values corresponding to the various fitness functions are summed as follows:
  • F is the fitness of the genome
  • f k is the normalized, standardized fitness output value for each objective
  • w k is the weight for each goal
  • K is the number of goals.
  • the goals generally depend on the kind of IP strategy that the technology firm adopts. Some firms use their IP to improve their competitive position, generate revenue and/or improve their access to financing. Some objectives may be more important to the firm than others, depending on its nature, size, stage of development or business model. For example, a young firm born of a single ground-breaking invention may want to allocate significant resources to obtain protection for their core technology. The relatively high cost associated with obtaining proper IP protection for certain key technology needs to be balanced against the probability that obtaining such protection could prove vital to the company's attractiveness to investors, ability to secure market share and generate future revenue stream for further growth. Therefore, minimizing cost may be the most important goal, followed by maximizing protection for core technology areas. Maximizing the number of patents may be the least important goal, since cost is generally of the greatest concern for such young companies.
  • goals are listed below to show the manner in which the fitness of the genomes may be computed. These goals and fitness functions are merely exemplary, and can include other goals or fitness functions not described herein.
  • the fitness value f k may be calculated to maximize the number of patents that can be procured within a specified budget.
  • each allele specifies the number of patents (X j ) to be filed within a specified technology or jurisdiction.
  • the fitness value may be calculated, for example, by adding the X j values of all the alleles in a genome and normalizing the result by using a normalization factor.
  • the normalization factor may be, for example, the maximum number of patents (X max ) obtainable within a specified budget (B).
  • X max may be calculated, in one embodiment, by dividing a specified budget (B) with the average cost of procuring a patent. Other normalization methods may also be used.
  • the following equation illustrates how the fitness of the genome may be calculated:
  • f k is the fitness of the genome in optimizing the objective of maximizing the number of patents
  • X max is the maximum number of patents that can be procured using a specified budget
  • X j is the number of patents stated by each allele of the genome.
  • N is the number of alleles in the genome.
  • the firm may specify certain areas of technology that it wants strong protection. This is done, for example, when the firm adopts a defensive strategy: to prevent copying, prevent other firms from patenting (i.e. blocking) and prevent lawsuits in core technology areas.
  • the search module receives as input the specified technology index indicating the core technology area T h . More than one core technology area may be specified.
  • the fitness value f k,h may be calculated, for example, by adding the number of patents (X j ) of all the alleles in a genome directed to the specified technology area.
  • the resulting sum may be normalized by using a normalization factor.
  • the normalization factor can be, for example, the maximum number of patents (Y h ) obtainable within a specified budget (B h ) for a particular technology area.
  • Y h may be calculated, in one embodiment, by dividing a specified budget (B h ) allocated for the specified technology area with the average cost of procuring a patent. Other normalization methods may also be used.
  • the following equation illustrates how the fitness of the genome may be calculated:
  • f k,h is the fitness of the genome in optimizing the objective of maximizing the number of patents in a particular core technology area T h ;
  • Y h is the maximum number of patents that can be procured using a specified budget allocated for a particular core technology area T h ;
  • X j,h is the number of patents stated by each allele of the genome allocated to the particular core technology area T h ;
  • N is the number of alleles in the genome.
  • the fitness value f k of the genome can be calculated by obtaining the product of all the f k,h values.
  • the firm may want to maintain an international patent portfolio.
  • the patent portfolio can be optimized by filing more patents in countries or technology areas with the highest growth potential.
  • Various factors may affect the growth potential of IP in a certain jurisdiction or technology. For example, factors such as intellectual property protection and enforcement, capacity for innovation, technological readiness or market efficiency may affect the competitiveness of doing business in a particular jurisdiction, which in turn affects the value of procuring an IP asset in that jurisdiction.
  • Market indices can provide a useful measure of the potential strength of a patent in a particular jurisdiction or industry.
  • the strength of the patent asset in a particular jurisdiction or technology area is represented by an objective market index derived from market data or other objective factors.
  • the index can be a subjective index based on rankings by professionals with the relevant experience.
  • the index S can be provided on a scale of 0 to 10, or similar scale, wherein the higher the value, the greater the potential strength of the IP assets acquired in that jurisdiction or technology.
  • One or more indices can be used.
  • objective market indices comprise jurisdiction indices (S c ), technology indices (S t ), or a combination of both. Other types of indices are also useful, alone or in combination.
  • the jurisdiction index describes the environment for protection or enforceability of IP rights in a particular country or the country's technological readiness. Other types of jurisdiction indices are also useful, alone or in combination.
  • the technology objective index describes the market demand for a particular technology. Other types of technology indices are also useful.
  • the objective market indices can be created with indicators such as companies' research and development spending, the creativity of its scientific community, personal computer and internet penetration rates.
  • the market indices are obtained from public sources, such as the Global Competitiveness Report published annually by the World Economic Forum.
  • the objective index can be determined by consulting skilled professionals, such as economists, market analysts, patent practitioners, technologists, attorneys or others with relevant experience to rank the jurisdiction or technology according to potential strength of IP acquired in that area.
  • the fitness value f kj of each allele may be calculated, for example, by multiplying the number of patents (X j ) specified by each allele in a genome with the objective index (S) for the specified technology area and/or jurisdiction.
  • the fitness values of all the alleles are added and normalized using a normalization factor.
  • the normalization factor can be, for example, the maximum value of an objective index (S max ). Other normalization methods may also be used.
  • S max the maximum value of an objective index
  • Other normalization methods may also be used. The following equation illustrates how the fitness of the genome may be calculated:
  • f k is the fitness of the genome in optimizing the objective of maximizing the potential of the patent portfolio
  • S max is the maximum value of the objective index
  • S c is the objective index of the jurisdiction stated by the allele
  • S t is the objective index of the technology area stated by the allele.
  • N is the number of alleles in the genome.
  • the fitness value f k may be calculated to minimize the cost of procuring patent protection.
  • each allele specifies the number of patents (X j ) to be filed within a specified technology or jurisdiction.
  • the cost (C j ) of obtaining the number of patents specified in the patent can be calculated by multiplying the number of patents (X j ) with the average cost of preparing and filing the patents in the specified technology or jurisdiction.
  • the average costs of procuring patents in different countries and/or technology areas can be stored in memory and used for computing the average costs C j .
  • the fitness value may be calculated, for example, by adding the costs for all the alleles and normalizing the result by using a normalization factor.
  • the normalization factor may be, for example, the specified budget (B). Other normalization methods may also be used.
  • the following equation illustrates how the fitness of the genome may be calculated:
  • f k is the fitness of the genome in optimizing the objective of minimizing cost
  • C j is the cost of procuring X j patents stated by each allele of the genome.
  • N is the number of alleles in the genome.
  • the genomes are selected at step 211 to breed offspring genomes.
  • the fitter genomes are typically more likely to be selected for reproduction.
  • Various types of selection functions may be used. The selection may be carried out, for example, by roulette wheel selection, tournament selection or any other types of suitable algorithms. Most functions are designed such that a small proportion of the less fit genomes are selected to prevent premature convergence on poor solutions.
  • Reproduction at step 213 is typically carried out by the methods of crossover and mutation of selected “parent” genomes.
  • Various types of crossover techniques can be used to produce the offspring genomes from the parent genomes.
  • crossover techniques such as a one-point crossover, two-point crossover, cut-and-splice crossover, uniform crossover and half uniform crossover, are well-known in the art.
  • a one-point crossover technique is used. A crossover point in a pair of parent genomes is selected. All data beyond that point is swapped between the two parent genomes, resulting in two offspring genomes. After the offspring genomes are produced, they are mutated to maintain genetic diversity and avoid a local minima that will produce a sub-optimal solution. This can be done, for example, by selecting an arbitrary bit in the offspring genome and toggling the value from 1 to 0 or vice versa.
  • the terminating condition is one of the following: (1) a pre-determined number of generations is reached; (2) the allocated budget is reached; or (3) the highest ranking patent portfolio's fitness is reaching or has reached an optimal level such that successive iterations no longer produce better results.
  • Other types of terminating conditions can also be used, alone or in combination.
  • the process may be terminated when a patent portfolio is found that satisfies a minimum criteria, when manual inspection reveals that further iterations no longer produce better results or when the allocated computing time is reached.
  • the results are reported at step 220 .
  • the results may be displayed by using any type of user interface, including a graphical display or textual report.
  • a graphical output of an optimal patent strategy in accordance to one embodiment of the invention is shown in FIG. 4 .
  • a three-dimensional graph is plotted to show the number of patents to be filed for specified technology areas and countries, in accordance with an optimal patent portfolio solution produced by the search module.
  • FIG. 5 shows another example of how the results can be displayed.
  • the results can be displayed in tabulated textual form.
  • Quality indicators can also be displayed along with the results. For example, the projected revenue, projected costs, risk and diversity indicators, can also be computed from the results and displayed. Other types of output are also useful.
  • the optimal patent portfolio can be used in a variety of ways. For example, it can be compared with the original patent portfolio the company currently owns to provide informed recommendations for IP portfolio management. It can be used to assist IP professionals in making strategic IP decisions, such as decisions with respect to patent application filing and investment in research and development in different technological and geographical areas.
  • FIG. 6 A method for producing a patent strategy output, such as a jurisdiction list, in accordance with another embodiment of the invention, is shown in FIG. 6 .
  • FIG. 7 a list of information or data for managing IP in accordance with one embodiment of the invention is provided.
  • the present invention may be implemented with any combination of hardware and software.
  • one or more implementations, as described herein may be described in the general context of computer-executable instructions, such as program modules, executed by one or more computers or other devices.
  • the computer-executable instructions may be stored on some form of computer readable media, a computer program product or any other article of manufacture.
  • the article of manufacture can be included as part of a computer system or sold separately.

Landscapes

  • Business, Economics & Management (AREA)
  • Engineering & Computer Science (AREA)
  • Development Economics (AREA)
  • Strategic Management (AREA)
  • Human Resources & Organizations (AREA)
  • Accounting & Taxation (AREA)
  • Entrepreneurship & Innovation (AREA)
  • Finance (AREA)
  • Economics (AREA)
  • Marketing (AREA)
  • Game Theory and Decision Science (AREA)
  • Physics & Mathematics (AREA)
  • General Business, Economics & Management (AREA)
  • General Physics & Mathematics (AREA)
  • Theoretical Computer Science (AREA)
  • Operations Research (AREA)
  • Educational Administration (AREA)
  • Technology Law (AREA)
  • Data Mining & Analysis (AREA)
  • Quality & Reliability (AREA)
  • Tourism & Hospitality (AREA)
  • Management, Administration, Business Operations System, And Electronic Commerce (AREA)

Abstract

A search algorithm is provided in an intellectual property (IP) management system for determining an optimal IP portfolio. The search algorithm generates and evaluates a plurality of IP portfolios using objective functions to find an IP portfolio that most nearly optimizes at least one goal. The goals to be optimized includes, for example, minimizing the costs of procuring the IP assets or maximizing the growth potential of the IP portfolio.

Description

CROSS-REFERENCE TO RELATED APPLICATIONS
This application claims the benefit of U.S. Provisional Application No. 60/889,937 entitled “System & Method for Docketing and Portfolio Management”, filed Feb. 15, 2007 and U.S. Provisional Application No. 60/889,936 entitled “System & Method for Managing Intellectual Property”, filed Apr. 27, 2007. The disclosure of both provisional applications is hereby incorporated by reference in its entirety.
FIELD OF THE INVENTION
The present invention relates generally to management of intellectual property.
BACKGROUND OF THE INVENTION
Intellectual property (IP) assets are very valuable in many fields of business. They have formed a major part of the group of intangible property assets which have gained increasing importance for corporations. Intellectual property comprises patents, trademarks, service marks, copyrights, trade secrets and other forms of proprietary knowledge.
Creating, developing and managing intellectual property to fully exploit its potential value has become a main goal for many IP rights owners, particularly large corporations. Current IP portfolio systems are typically managed manually and day-by-day by responsible IP personnel. The IP portfolio manager reviews the invention disclosure and rates the disclosure based on advice of team members. The rating will determine if the disclosure is to be filed as a patent application, closed (if no further action is deemed necessary) or published as a defensive publication. Such decisions are typically ad-hoc and prone to personal biases of the decision maker.
From the foregoing discussion, it is desirable to provide an improved system that can manage and optimize an IP portfolio based on objective valuation.
SUMMARY OF THE INVENTION
An implementation is provided for facilitating management of a portfolio of intellectual property (IP) assets. It further facilitates management of an IP portfolio employing results from an informed search algorithm, such as a genetic algorithm. In one aspect of the invention, a method for managing a portfolio of IP assets comprises the step of generating an initial population of genomes, wherein a genome comprises a plurality of genes, a genome represents a portfolio of IP assets. The method further comprises the step of modifying the population using a genetic algorithm until a terminating condition is satisfied to obtain at least one genome representing an optimal IP portfolio that optimizes at least one goal. At least one recommendation for future actions is automatically generated based on the optimal IP portfolio.
A method for managing a portfolio of IP assets in another aspect of the invention discloses the step of receiving user information and analytical data, wherein the user information comprises a plurality of goals. An optimal IP portfolio is searched based on the user information and analytical data using an informed search algorithm, the optimal IP portfolio optimizes at least one goal. The method further includes processing the optimal IP portfolio to generate at least one recommendation for future actions.
In another aspect of the invention, a system for managing a portfolio of IP assets is presented. The system includes an input unit for receiving, processing, and storing user information and market information. The user information includes a plurality of goals. A search unit comprises a search algorithm that searches for an optimal IP portfolio that optimizes at least one goal is included. The system further comprises a presentation device which is configured for presenting results based on the optimal IP portfolio.
In yet another aspect of the invention, a system for managing a portfolio of IP assets is disclosed. The system comprises an input unit and a search unit. The input unit is configured for receiving user information and market information, wherein the user information includes a plurality of goals. The search unit is configured to receive the user information and market information from the input module and uses a genetic algorithm to generate an optimal IP portfolio that optimizes at least one goal. The genetic algorithm comprises determining fitness values of genomes by applying at least one objective fitness function to the genomes, wherein a genome represents an IP portfolio, an objective fitness function corresponds to a goal and a fitness value represents degree to which the goal is satisfied. The parent genomes are selected for reproduction based on their fitness values and new child genomes are derived from the parent genomes. The genetic algorithm further includes replacing the parent genomes with the child genomes.
These and other objects, along with advantages and features of the present invention herein disclosed, will become apparent through reference to the following description and the accompanying drawings. Furthermore, it is to be understood that the features of the various embodiments described herein are not mutually exclusive and can exist in various combinations and permutations.
BRIEF DESCRIPTION OF THE DRAWINGS
In the drawings, like reference characters generally refer to the same parts throughout the different views. Also, the drawings are not necessarily to scale, emphasis instead generally being placed upon illustrating the principles of the invention. In the following description, various embodiments of the present invention are described with reference to the following drawings, in which:
FIG. 1 shows a system for managing IP in accordance with one embodiment of the invention;
FIG. 2 shows a flowchart illustrating the operation of a genetic algorithm in accordance with one embodiment of the invention;
FIG. 3 shows a genome in accordance with one embodiment of the invention;
FIG. 4 shows a graphical output of an optimal patent strategy in accordance with one embodiment of the invention;
FIG. 5 shows a textual output of an optimal patent strategy in accordance with one embodiment of the invention;
FIG. 6 shows a computer-implemented method for managing IP in accordance with one embodiment of the invention; and
FIG. 7 shows a list of information or data for managing IP in accordance with one embodiment of the invention.
DETAILED DESCRIPTION OF THE INVENTION
The present invention relates generally to a method and system for generating an optimal Intellectual Property (IP) portfolio. IP includes, but is not limited to, patents (including plant patents, design patents, utility patents and petty patents), patent applications, international patent applications, industrial designs, trademarks, service marks, copyrights, licenses, trade secrets, domain names, confidential information owned by company not publicly known, and any other aspect of IP that gives a company a competitive edge or otherwise enhances the value of a company.
FIG. 1 shows a system for managing IP in accordance to one embodiment of the invention. An IP management system 101 includes, in one embodiment, an input module 102, a search module 106 and an output module 120. Other configurations are also useful. The input module 102 provides user information 103 and analytical data 104 to the search module 106. The search module searches for an optimal IP portfolio 116 based on the user information and analytical data. The output module 120 processes the optimal IP portfolio and displays the results 124.
The input module comprises, in one embodiment, a user server that receives, processes and stores input from the user. The user can interact with the IP management system using client software which may be running within a browser application or a standalone desktop application on the user's personal computer or mobile device. The client software communicates with the user server. The user may provide information regarding the goals to be optimized, such as preferences regarding diversification, expected revenue, budget requirements, initial IP portfolio, target market segments, and other useful information. In addition, the user may provide information about his or her company. This information may be saved in one or more files in the input module.
The goals to be optimized can vary depending on the patent strategy and business goals of the IP portfolio owner. Such goals include, for example, maximizing diversification, maximizing revenue potential, minimizing risks and minimizing costs. The goals can be ranked in accordance with the level of importance, based on the nature of the business. For example, a young startup company born out of ground-breaking inventions should allocate significant resources to obtain protection for the core technology. Diversification may not be such an important factor to such start-up companies, as compared to growing companies, and may be assigned a lower weight than for example, the risk-minimization goal.
The initial IP portfolio can be the portfolio of IP assets which the user's company currently owns. The initial IP portfolio can describe, for example, the number of issued patents, patent applications or a combination of both filed in different countries or jurisdictions. It can also describe the types of technologies that these issued patents or patent applications protect. Technology fields can be classified according to the U.S. patent and Trademark Office (USPTO) technology classes. Other types of classification systems, such as the World Intellectual Property Organization (WIPO) International Patent Classification system, can also be used.
In one embodiment, the input module further comprises a database server. The database can be a Relational Database Management System (RDMS), such as a Microsoft SQL-Server, Oracle or other suitable systems. In one embodiment, the input module serves to validate, refine and process raw source data into analytically useful data. The raw source data may be obtained periodically from, for example, data vendors or commercial databases. The input module provides the search module 106 with access to the validated analytical data 104.
The analytical data 104 comprises, in one embodiment, IP market information, such as cost information and market information or indices. Cost information includes, for example, the typical costs of procuring, maintaining or enforcing IP assets in different market segments. The costs include, but are not limited to, professional services fees and official government fees such as filing fees, issue fees, maintenance fees, search fees and examination fees in different jurisdictions or countries. Market information includes, for example, objective market indices that describe the competitive environment of a particular technology or jurisdiction. Such objective market indices can be obtained from public sources such as the Global Competitiveness Report published annually by the World Economic Forum, or computed by consulting skilled professionals.
Based on the user input data 103 and the analytical data 104, the search module 106 searches for an optimal IP portfolio 116 that optimizes at least one goal, after evaluating a number of possible solutions. In one embodiment, the search module comprises a search algorithm, such as an informed search algorithm that uses a heuristic to reduce the search space and therefore, increases the efficiency of the search. The informed search algorithm comprises, for example, an evolutionary algorithm (e.g., genetic algorithm), a swarm-based algorithm (e.g., particle swarm optimization and ant colony optimization) or a memetic algorithm. Other types of search algorithms are also useful.
The output module 120, in one embodiment, processes and displays the optimal IP portfolio 116. The optimal IP portfolio can be used to, for example, aid the IP manager to manage IP assets in the company, or in making strategic filing and investment decisions. The output module can also automatically provide the user with reports, recommendations or indicators regarding the projected returns on the optimal IP portfolio. For example, based on the user's company's initial and optimal IP portfolios, the output module may provide advice or make recommendations for future actions, such as whether or not to file, acquire or maintain legal protection for a specified invention, where to file the patent application, or which market segment to focus developmental efforts in.
FIG. 2 depicts a flowchart illustrating the operation of a genetic algorithm in the search module in accordance with one embodiment of the invention. At step 203, the genetic algorithm begins by receiving user information and analytical data. The initial genome population is then generated at step 205. The genome population comprises a plurality of genomes (e.g., 100). The number of genomes is determined by the resources (e.g., computing power) that are available, and the efficiency desired. Preferably, the number of genomes is selected to enable the genetic algorithm to efficiently and thoroughly search for the optimal IP portfolio. In one embodiment, the genome is represented by a vector data structure. One, two or multiple-dimensional vectors can be used. Other types of data structures or implementations are also useful. A genome comprises a plurality of genes (i.e. alleles). A genome represents an IP portfolio. A gene corresponds to a segment of the IP portfolio.
FIG. 3 shows a genome Gi in accordance with one embodiment of the invention. A genome population comprises of M number of genomes G1, . . . Gi, . . . GM, wherein M is a positive integer. A genome Gi comprises N number of genes gi,1, . . . gi,j, . . . gi,N, wherein N is a positive integer. In one embodiment, the number of genes N is determined by the number of market segments in an IP portfolio to be analyzed.
In one embodiment, each gene gi,j represents the number of patents filed in a market segment. The market segment can be defined by, for example, the technology area or the jurisdiction. In one embodiment, a jurisdiction is defined by the state (e.g., California, New York), country (e.g., U.S., China, Singapore) or region (e.g., Europe, Asia). In one embodiment of the invention, a gene represents the number of patents filed in a particular jurisdiction and pertaining to a particular technology. Alternatively, a gene can represent the number of patents filed in a particular technology field. In yet another embodiment, a gene represents the number of patents filed in a particular jurisdiction. A combination of different types of genes or other types of configurations are also useful.
A gene can be represented by a 32-bit word, such as the one shown in FIG. 3. Words of other lengths, such as 16, 64, and 124 bits, are also useful. In one embodiment, 4 bits (0 to 3) are used to represent the jurisdiction field, 16 bits (4 to 19) are used to represent the technology field and 12 bits (20 to 31) are used to represent the number of patents filed. Other types of bit configurations are also useful. For example, 8 bits (0 to 7) can be used to represent the technology field and 8 bits (8 to 15) can be used to represent the number of patents.
In one embodiment, the jurisdiction field contains an unsigned integer X that represents the country that the patents are filed in. A look-up table, such as the one shown in Table 1, can be used to match the integer X to the country.
TABLE 1
Country X
United States “0001” (1)
China “0010” (2)
Germany “0011” (3)
Japan “0100” (4)
France “0101” (5)
United Kingdom “0110” (6)

Likewise, the technology field contains an unsigned integer Y that can be mapped to the technology area using, for example, a lookup table. Alternatively, the integer Y can be mapped to a technology area using a standard classification system, such as the U.S. patent Classification System (USPC). For example, following the USPC, (Y=705 or “0000 0010 1100 0001”) represents the data processing technology class. Other types of classifications systems, such as the International Patent Classification (IPC) system, the Japanese Patent Office File Index, the European Patent Classification (ECLA) system or the Derwent Classification system, can also be used. The technology field (e.g., 16 bits) can be subdivided to represent a main class (e.g., 10 bits) and a sub-class (e.g., 6 bits), in accordance with the classification system. Other ways of representing the technology area are also useful.
Referring back to FIG. 2, the genomes are randomly initialized to form the initial population at step 205. In one embodiment, the genomes are initialized by randomly assigning 0 or 1 to each bit in the genome with equal probability. In one embodiment, the population is generated randomly, covering the entire range of possible solutions. In another embodiment, the population is “seeded” where optimal solutions are likely to be found. Other methods of improving the overall quality of search are also useful.
Subsequently, the fitness of each genome is evaluated at step 207. The fitness is determined by using at least one objective fitness function. The fitness function measures how well the genome optimizes or satisfies the specified objective. The number of fitness functions depends on the number of goals K to be achieved. Each fitness function produces a fitness output value fk for the specified goal, where k is a positive integer. The fitness value fk is preferably normalized to a unitless value wherein 0≦fk≦1, to allow for comparison between the different fitness values. Further, the fitness value is preferably standardized, wherein the optimal value is 0 and the worst value is 1. The fitness values may be weighted according to the relative importance of the goals, using a weight factor wk wherein 0≦wk≦1. To determine the fitness F of each genome, the fitness values corresponding to the various fitness functions are summed as follows:
F = k = 0 k = K - 1 w k f k
where
F is the fitness of the genome;
fk is the normalized, standardized fitness output value for each objective;
wk is the weight for each goal; and
K is the number of goals.
The goals generally depend on the kind of IP strategy that the technology firm adopts. Some firms use their IP to improve their competitive position, generate revenue and/or improve their access to financing. Some objectives may be more important to the firm than others, depending on its nature, size, stage of development or business model. For example, a young firm born of a single ground-breaking invention may want to allocate significant resources to obtain protection for their core technology. The relatively high cost associated with obtaining proper IP protection for certain key technology needs to be balanced against the probability that obtaining such protection could prove vital to the company's attractiveness to investors, ability to secure market share and generate future revenue stream for further growth. Therefore, minimizing cost may be the most important goal, followed by maximizing protection for core technology areas. Maximizing the number of patents may be the least important goal, since cost is generally of the greatest concern for such young companies.
For illustration purposes, some goals are listed below to show the manner in which the fitness of the genomes may be computed. These goals and fitness functions are merely exemplary, and can include other goals or fitness functions not described herein.
Maximizing the Number of Patents
The fitness value fk may be calculated to maximize the number of patents that can be procured within a specified budget. In one embodiment, each allele specifies the number of patents (Xj) to be filed within a specified technology or jurisdiction. The fitness value may be calculated, for example, by adding the Xj values of all the alleles in a genome and normalizing the result by using a normalization factor. The normalization factor may be, for example, the maximum number of patents (Xmax) obtainable within a specified budget (B). Xmax may be calculated, in one embodiment, by dividing a specified budget (B) with the average cost of procuring a patent. Other normalization methods may also be used. The following equation illustrates how the fitness of the genome may be calculated:
f k = 1 - 1 X max k = 0 N - 1 X j
where
fk is the fitness of the genome in optimizing the objective of maximizing the number of patents;
Xmax is the maximum number of patents that can be procured using a specified budget;
Xj is the number of patents stated by each allele of the genome; and
N is the number of alleles in the genome.
Maximizing Protection in Core Technological Areas
In one embodiment, the firm may specify certain areas of technology that it wants strong protection. This is done, for example, when the firm adopts a defensive strategy: to prevent copying, prevent other firms from patenting (i.e. blocking) and prevent lawsuits in core technology areas. In one embodiment, the search module receives as input the specified technology index indicating the core technology area Th. More than one core technology area may be specified.
For each core technology area, the fitness value fk,h may be calculated, for example, by adding the number of patents (Xj) of all the alleles in a genome directed to the specified technology area. The resulting sum may be normalized by using a normalization factor. The normalization factor can be, for example, the maximum number of patents (Yh) obtainable within a specified budget (Bh) for a particular technology area. Yh may be calculated, in one embodiment, by dividing a specified budget (Bh) allocated for the specified technology area with the average cost of procuring a patent. Other normalization methods may also be used. The following equation illustrates how the fitness of the genome may be calculated:
f k , h = 1 - 1 Y h j = 0 N - 1 X j , h
where
fk,h is the fitness of the genome in optimizing the objective of maximizing the number of patents in a particular core technology area Th;
Yh is the maximum number of patents that can be procured using a specified budget allocated for a particular core technology area Th;
Xj,h is the number of patents stated by each allele of the genome allocated to the particular core technology area Th; and
N is the number of alleles in the genome.
Where more than one technology area is specified, the fitness value fk of the genome can be calculated by obtaining the product of all the fk,h values.
Maximizing Growth Potential of Patent Portfolio
In one embodiment, the firm may want to maintain an international patent portfolio. The patent portfolio can be optimized by filing more patents in countries or technology areas with the highest growth potential. Various factors may affect the growth potential of IP in a certain jurisdiction or technology. For example, factors such as intellectual property protection and enforcement, capacity for innovation, technological readiness or market efficiency may affect the competitiveness of doing business in a particular jurisdiction, which in turn affects the value of procuring an IP asset in that jurisdiction.
Market indices (S) can provide a useful measure of the potential strength of a patent in a particular jurisdiction or industry. In one embodiment, the strength of the patent asset in a particular jurisdiction or technology area is represented by an objective market index derived from market data or other objective factors. In another embodiment, the index can be a subjective index based on rankings by professionals with the relevant experience. The index S can be provided on a scale of 0 to 10, or similar scale, wherein the higher the value, the greater the potential strength of the IP assets acquired in that jurisdiction or technology. One or more indices can be used. In one embodiment, objective market indices comprise jurisdiction indices (Sc), technology indices (St), or a combination of both. Other types of indices are also useful, alone or in combination.
In one embodiment of the invention, the jurisdiction index describes the environment for protection or enforceability of IP rights in a particular country or the country's technological readiness. Other types of jurisdiction indices are also useful, alone or in combination. In one embodiment, the technology objective index describes the market demand for a particular technology. Other types of technology indices are also useful. The objective market indices can be created with indicators such as companies' research and development spending, the creativity of its scientific community, personal computer and internet penetration rates. In one embodiment, the market indices are obtained from public sources, such as the Global Competitiveness Report published annually by the World Economic Forum. Alternatively, the objective index can be determined by consulting skilled professionals, such as economists, market analysts, patent practitioners, technologists, attorneys or others with relevant experience to rank the jurisdiction or technology according to potential strength of IP acquired in that area.
In one embodiment, the fitness value fkj of each allele may be calculated, for example, by multiplying the number of patents (Xj) specified by each allele in a genome with the objective index (S) for the specified technology area and/or jurisdiction. The fitness values of all the alleles are added and normalized using a normalization factor. The normalization factor can be, for example, the maximum value of an objective index (Smax). Other normalization methods may also be used. The following equation illustrates how the fitness of the genome may be calculated:
f k = 1 - 1 S max j = 0 N - 1 S c S t X j , h
where
fk is the fitness of the genome in optimizing the objective of maximizing the potential of the patent portfolio;
Smax is the maximum value of the objective index;
Sc is the objective index of the jurisdiction stated by the allele;
St is the objective index of the technology area stated by the allele; and
N is the number of alleles in the genome.
Minimizing Cost of Procuring Legal Protection
The fitness value fk may be calculated to minimize the cost of procuring patent protection. In one embodiment, each allele specifies the number of patents (Xj) to be filed within a specified technology or jurisdiction. The cost (Cj) of obtaining the number of patents specified in the patent can be calculated by multiplying the number of patents (Xj) with the average cost of preparing and filing the patents in the specified technology or jurisdiction. In one embodiment, the average costs of procuring patents in different countries and/or technology areas can be stored in memory and used for computing the average costs Cj.
The fitness value may be calculated, for example, by adding the costs for all the alleles and normalizing the result by using a normalization factor. The normalization factor may be, for example, the specified budget (B). Other normalization methods may also be used. The following equation illustrates how the fitness of the genome may be calculated:
f k = 1 B j = 0 N - 1 C j
where
fk is the fitness of the genome in optimizing the objective of minimizing cost;
B is the budget allocated for procuring patents;
Cj is the cost of procuring Xj patents stated by each allele of the genome; and
N is the number of alleles in the genome.
After the fitness (F) of each genome is evaluated, the genomes are selected at step 211 to breed offspring genomes. The fitter genomes are typically more likely to be selected for reproduction. Various types of selection functions may be used. The selection may be carried out, for example, by roulette wheel selection, tournament selection or any other types of suitable algorithms. Most functions are designed such that a small proportion of the less fit genomes are selected to prevent premature convergence on poor solutions.
Reproduction at step 213 is typically carried out by the methods of crossover and mutation of selected “parent” genomes. Various types of crossover techniques can be used to produce the offspring genomes from the parent genomes. For example, crossover techniques such a one-point crossover, two-point crossover, cut-and-splice crossover, uniform crossover and half uniform crossover, are well-known in the art. In one embodiment, a one-point crossover technique is used. A crossover point in a pair of parent genomes is selected. All data beyond that point is swapped between the two parent genomes, resulting in two offspring genomes. After the offspring genomes are produced, they are mutated to maintain genetic diversity and avoid a local minima that will produce a sub-optimal solution. This can be done, for example, by selecting an arbitrary bit in the offspring genome and toggling the value from 1 to 0 or vice versa.
By using the methods of crossover and mutation, new genomes are created which shares many of the characteristics of its “parents”. The fitness of each offspring genome is evaluated at step 215. The offspring genome replaces the least fit genome in the population at step 217. Other types of replacement strategies are also useful. This process continues until a terminating condition is reached at step 218.
Different types of terminating conditions can be used. In one embodiment, the terminating condition is one of the following: (1) a pre-determined number of generations is reached; (2) the allocated budget is reached; or (3) the highest ranking patent portfolio's fitness is reaching or has reached an optimal level such that successive iterations no longer produce better results. Other types of terminating conditions can also be used, alone or in combination. For example, the process may be terminated when a patent portfolio is found that satisfies a minimum criteria, when manual inspection reveals that further iterations no longer produce better results or when the allocated computing time is reached.
When the terminating condition is satisfied, the results are reported at step 220. The results may be displayed by using any type of user interface, including a graphical display or textual report. By way of example, a graphical output of an optimal patent strategy in accordance to one embodiment of the invention is shown in FIG. 4. In one embodiment, a three-dimensional graph is plotted to show the number of patents to be filed for specified technology areas and countries, in accordance with an optimal patent portfolio solution produced by the search module. FIG. 5 shows another example of how the results can be displayed. The results can be displayed in tabulated textual form. Quality indicators can also be displayed along with the results. For example, the projected revenue, projected costs, risk and diversity indicators, can also be computed from the results and displayed. Other types of output are also useful.
The optimal patent portfolio can be used in a variety of ways. For example, it can be compared with the original patent portfolio the company currently owns to provide informed recommendations for IP portfolio management. It can be used to assist IP professionals in making strategic IP decisions, such as decisions with respect to patent application filing and investment in research and development in different technological and geographical areas.
A method for producing a patent strategy output, such as a jurisdiction list, in accordance with another embodiment of the invention, is shown in FIG. 6. Referring to FIG. 7, a list of information or data for managing IP in accordance with one embodiment of the invention is provided.
The present invention may be implemented with any combination of hardware and software. For example, one or more implementations, as described herein, may be described in the general context of computer-executable instructions, such as program modules, executed by one or more computers or other devices. The computer-executable instructions may be stored on some form of computer readable media, a computer program product or any other article of manufacture. The article of manufacture can be included as part of a computer system or sold separately.
The invention may be embodied in other specific forms without departing from the spirit or essential characteristics thereof. The foregoing embodiments, therefore, are to be considered in all respects illustrative rather than limiting the invention described herein. Scope of the invention is thus indicated by the appended claims, rather than by the foregoing description, and all changes that come within the meaning and range of equivalency of the claims are intended to be embraced therein.

Claims (25)

1. A method for managing a portfolio of intellectual property (IP) assets comprising:
generating an initial population of genomes that represents a set of possible solutions, wherein a genome comprises a plurality of genes and represents a portfolio of IP assets;
searching, within the population, for at least one genome representing an optimal IP portfolio solution that optimizes at least one strategic goal by modifying the population using a genetic algorithm until a terminating condition is satisfied; and
automatically generating at least one recommendation for future actions based on the optimal IP portfolio solution.
2. The method of claim 1 wherein the genetic algorithm comprises:
determining fitness values of the genomes by applying at least one objective fitness function to the genomes, the objective fitness function corresponds to a goal and a fitness value represents the degree to which the strategic goal is satisfied;
selecting parent genomes for reproduction based on their fitness values;
deriving new child genomes from the parent genomes; and
replacing the parent genomes with the child genomes in the population.
3. The method of claim 1 wherein the IP assets comprise patents, patent applications, trademarks, service marks, industrial designs, trade secrets, copyrights, licenses or domain names.
4. The method of claim 1 wherein the goal comprises maximizing number of patents that can be procured with a specified budget.
5. The method of claim 1 wherein the goal comprises maximizing protection in core technological areas.
6. The method of claim 1 wherein the goal comprises maximizing growth potential of the IP assets.
7. The method of claim 1 wherein the goal comprises minimizing cost of procuring legal protection for the IP assets.
8. The method of claim 1 wherein the gene represents number of patents filed in a particular market segment.
9. The method of claim 8 wherein the market segment is defined by technology area.
10. The method of claim 8 wherein the market segment is defined by jurisdiction.
11. A method for managing a portfolio of intellectual property (IP) assets, the method comprising:
receiving, via an input module, user information and analytical data, the user information comprising a plurality of goals;
searching, via a search module, for an optimal IP portfolio based on the user information and analytical data using an informed search algorithm, wherein the optimal IP portfolio optimizes at least one strategic goal; and
processing, via the search module, the optimal IP portfolio to automatically generate at least one recommendation for future actions based on the optimal IP portfolio.
12. The method of claim 11 wherein the informed search algorithm comprises an evolutionary algorithm.
13. The method of claim 11 wherein the analytical data comprises cost information and market information.
14. One or more computer readable media comprising computer-executable instructions that, when executed, perform the method as recited in claim 11.
15. The method of claim 11 wherein the informed search algorithm comprises a swarm-based algorithm.
16. The method of claim 11 wherein the goal comprises maximizing number of patents that can be procured with a specified budget.
17. The method of claim 11 wherein the goal comprises maximizing protection of the IP assets in core technological areas.
18. The method of claim 11 wherein the goal comprises maximizing growth potential of the IP assets.
19. The method of claim 11 wherein the goal comprises minimizing cost of procuring legal protection for the IP assets.
20. A system for managing a portfolio of IP assets, comprising:
an input unit for receiving, processing and storing user information and market information, the user information including a plurality of goals;
a search unit comprising an informed search algorithm that searches for an optimal IP portfolio that optimizes at least one strategic goal; and
a presentation device configured for presenting results based on the optimal IP portfolio.
21. The system of claim 20 wherein the input unit further comprises a database server for storing validated analytical data.
22. The system of claim 20 wherein the search algorithm comprises an informed search algorithm.
23. The system of claim 22 wherein the search algorithm comprises an evolutionary algorithm.
24. The system of claim 23 wherein the evolutionary algorithm comprises a genetic algorithm.
25. A system for managing a portfolio of IP assets, the system comprising:
an input unit configured for receiving user information and market information, the user information including a plurality of goals; and
a search unit configured to receive the user information and market information from the input module and uses a genetic algorithm to search for an optimal IP portfolio that optimizes at least one strategic goal, the genetic algorithm comprises
determining fitness values of genomes by applying at least one objective fitness function to the genomes, wherein a genome represents an IP portfolio, the objective fitness function corresponds to a goal and a fitness value represents degree to which the strategic goal is satisfied,
selecting parent genomes for reproduction based on their fitness values,
deriving new child genomes from the parent genomes, and
replacing the parent genomes with the child genomes.
US12/030,887 2007-02-15 2008-02-14 Method for managing intellectual property Active 2030-11-26 US8380548B2 (en)

Priority Applications (2)

Application Number Priority Date Filing Date Title
US12/030,887 US8380548B2 (en) 2007-02-15 2008-02-14 Method for managing intellectual property
US13/742,313 US20130132288A1 (en) 2007-02-15 2013-01-15 Method for managing intellectual property

Applications Claiming Priority (3)

Application Number Priority Date Filing Date Title
US88993707P 2007-02-15 2007-02-15
US88993607P 2007-04-24 2007-04-24
US12/030,887 US8380548B2 (en) 2007-02-15 2008-02-14 Method for managing intellectual property

Related Child Applications (1)

Application Number Title Priority Date Filing Date
US13/742,313 Continuation-In-Part US20130132288A1 (en) 2007-02-15 2013-01-15 Method for managing intellectual property

Publications (2)

Publication Number Publication Date
US20080201187A1 US20080201187A1 (en) 2008-08-21
US8380548B2 true US8380548B2 (en) 2013-02-19

Family

ID=39707445

Family Applications (1)

Application Number Title Priority Date Filing Date
US12/030,887 Active 2030-11-26 US8380548B2 (en) 2007-02-15 2008-02-14 Method for managing intellectual property

Country Status (1)

Country Link
US (1) US8380548B2 (en)

Cited By (10)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US20130085950A1 (en) * 2011-10-03 2013-04-04 Andre L. Marais Purpose oriented patent portfolio management
US20140279690A1 (en) * 2013-03-15 2014-09-18 Tata Consultancy Services Limited Managing Sustainable Intellectual Property Portfolio of an Enterprise
CN104866626A (en) * 2015-06-15 2015-08-26 中国移动通信集团黑龙江有限公司 Method and device for recommending telecommunication service
US10013726B1 (en) 2009-08-26 2018-07-03 Edward Jung Acquiring intellectual property assets
US10318904B2 (en) 2016-05-06 2019-06-11 General Electric Company Computing system to control the use of physical state attainment of assets to meet temporal performance criteria
US10579662B2 (en) 2013-04-23 2020-03-03 Black Hills Ip Holdings, Llc Patent claim scope evaluator
US11069011B1 (en) 2009-08-26 2021-07-20 IVP Holdings III LLC Acquiring intellectual property assets
US11301810B2 (en) 2008-10-23 2022-04-12 Black Hills Ip Holdings, Llc Patent mapping
US11461862B2 (en) 2012-08-20 2022-10-04 Black Hills Ip Holdings, Llc Analytics generation for patent portfolio management
US11714839B2 (en) 2011-05-04 2023-08-01 Black Hills Ip Holdings, Llc Apparatus and method for automated and assisted patent claim mapping and expense planning

Families Citing this family (9)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US20120203791A1 (en) * 2006-07-14 2012-08-09 Ficus Enterprises Llc Corporate dashboard for examiner information system
TW201025156A (en) * 2008-12-24 2010-07-01 Ind Tech Res Inst Intellectual property management method and intellectual property bank system
US20100257089A1 (en) * 2009-04-05 2010-10-07 Johnson Apperson H Intellectual Property Pre-Market Engine (IPPME)
US20120059851A1 (en) * 2010-03-05 2012-03-08 Hans Lercher Function-Oriented Mapping of Technological Concepts
KR101315177B1 (en) * 2011-05-09 2013-10-07 한국생산기술연구원 Method on Patent Information Processing for Producing Score of Convergence Index Elements
KR101247252B1 (en) * 2011-05-09 2013-03-25 한국생산기술연구원 Convergence Index Service System
KR101247250B1 (en) * 2011-05-09 2013-03-25 한국생산기술연구원 Method on Producing Score of Convergence Index
WO2015164742A1 (en) * 2014-04-25 2015-10-29 Mike Hart Method and system for creating and managing intellectual property licensees to develop and commercialize new technologies
CN109063148A (en) * 2018-08-07 2018-12-21 黑龙江阳光惠远信息技术有限公司 A kind of related patents recommender system and recommended method based on third-party platform

Citations (6)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US20030172020A1 (en) * 2001-11-19 2003-09-11 Davies Nigel Paul Integrated intellectual asset management system and method
US20030187874A1 (en) * 2002-03-20 2003-10-02 Andreas Peschel Computer & Internet software application for global portfolio management system method & apparatus
US20070136373A1 (en) * 2005-12-14 2007-06-14 Piasecki David J Intellectual property portfolio management method and system
US20090254572A1 (en) * 2007-01-05 2009-10-08 Redlich Ron M Digital information infrastructure and method
US20090307577A1 (en) * 2001-08-28 2009-12-10 Lee Eugene M System for providing a binding cost for foreign filing a patent application
US20100094763A1 (en) * 1999-12-30 2010-04-15 Frank Scott M System and Method for Selecting and Protecting Intellectual Property Assets

Patent Citations (6)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US20100094763A1 (en) * 1999-12-30 2010-04-15 Frank Scott M System and Method for Selecting and Protecting Intellectual Property Assets
US20090307577A1 (en) * 2001-08-28 2009-12-10 Lee Eugene M System for providing a binding cost for foreign filing a patent application
US20030172020A1 (en) * 2001-11-19 2003-09-11 Davies Nigel Paul Integrated intellectual asset management system and method
US20030187874A1 (en) * 2002-03-20 2003-10-02 Andreas Peschel Computer & Internet software application for global portfolio management system method & apparatus
US20070136373A1 (en) * 2005-12-14 2007-06-14 Piasecki David J Intellectual property portfolio management method and system
US20090254572A1 (en) * 2007-01-05 2009-10-08 Redlich Ron M Digital information infrastructure and method

Cited By (23)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US11301810B2 (en) 2008-10-23 2022-04-12 Black Hills Ip Holdings, Llc Patent mapping
US11069011B1 (en) 2009-08-26 2021-07-20 IVP Holdings III LLC Acquiring intellectual property assets
US10013726B1 (en) 2009-08-26 2018-07-03 Edward Jung Acquiring intellectual property assets
US11714839B2 (en) 2011-05-04 2023-08-01 Black Hills Ip Holdings, Llc Apparatus and method for automated and assisted patent claim mapping and expense planning
US11775538B2 (en) 2011-10-03 2023-10-03 Black Hills Ip Holdings, Llc Systems, methods and user interfaces in a patent management system
US11803560B2 (en) 2011-10-03 2023-10-31 Black Hills Ip Holdings, Llc Patent claim mapping
US11797546B2 (en) 2011-10-03 2023-10-24 Black Hills Ip Holdings, Llc Patent mapping
US11789954B2 (en) 2011-10-03 2023-10-17 Black Hills Ip Holdings, Llc System and method for patent and prior art analysis
US11256706B2 (en) 2011-10-03 2022-02-22 Black Hills Ip Holdings, Llc System and method for patent and prior art analysis
US20130085950A1 (en) * 2011-10-03 2013-04-04 Andre L. Marais Purpose oriented patent portfolio management
US11714819B2 (en) 2011-10-03 2023-08-01 Black Hills Ip Holdings, Llc Patent mapping
US11048709B2 (en) 2011-10-03 2021-06-29 Black Hills Ip Holdings, Llc Patent mapping
US11360988B2 (en) 2011-10-03 2022-06-14 Black Hills Ip Holdings, Llc Systems, methods and user interfaces in a patent management system
US11461862B2 (en) 2012-08-20 2022-10-04 Black Hills Ip Holdings, Llc Analytics generation for patent portfolio management
US12008670B2 (en) 2012-08-20 2024-06-11 Black Hills IP Holdings, LLC. Analytics generation for patent portfolio management
US9633403B2 (en) * 2013-03-15 2017-04-25 Tata Consultancy Services Limited Managing sustainable intellectual property portfolio of an enterprise
US20140279690A1 (en) * 2013-03-15 2014-09-18 Tata Consultancy Services Limited Managing Sustainable Intellectual Property Portfolio of an Enterprise
US11354344B2 (en) 2013-04-23 2022-06-07 Black Hills Ip Holdings, Llc Patent claim scope evaluator
US10579662B2 (en) 2013-04-23 2020-03-03 Black Hills Ip Holdings, Llc Patent claim scope evaluator
CN104866626A (en) * 2015-06-15 2015-08-26 中国移动通信集团黑龙江有限公司 Method and device for recommending telecommunication service
CN104866626B (en) * 2015-06-15 2018-06-26 中国移动通信集团黑龙江有限公司 A kind of recommendation method and device of telecommunication service
US10318903B2 (en) 2016-05-06 2019-06-11 General Electric Company Constrained cash computing system to optimally schedule aircraft repair capacity with closed loop dynamic physical state and asset utilization attainment control
US10318904B2 (en) 2016-05-06 2019-06-11 General Electric Company Computing system to control the use of physical state attainment of assets to meet temporal performance criteria

Also Published As

Publication number Publication date
US20080201187A1 (en) 2008-08-21

Similar Documents

Publication Publication Date Title
US8380548B2 (en) Method for managing intellectual property
Liesiö et al. Robust portfolio modeling with incomplete cost information and project interdependencies
Mazahir et al. Did Europe move in the right direction on e‐waste legislation?
Branke et al. Portfolio optimization with an envelope-based multi-objective evolutionary algorithm
Chen et al. A comprehensive model for selecting information system project under fuzzy environment
US20020082778A1 (en) Multi-term frequency analysis
Karim et al. An enhanced PROMETHEE model for QoS-based web service selection
Zhao et al. AHP-ANP–fuzzy integral integrated network for evaluating performance of innovative business models for sustainable building
US20130132288A1 (en) Method for managing intellectual property
US20120296835A1 (en) Patent scoring and classification
KR20120046671A (en) System and method on making patent evaluation model, generating patent evalucation information, generating patent litigation prediction information, making patent litigation prediction model, generating patent licensing prediction information, generating patent risk hedging information
Lahdelma et al. Reference point approach for multiple decision makers
CN113742492B (en) Insurance scheme generation method and device, electronic equipment and storage medium
US20140379590A1 (en) Intellectual Asset Portfolio Evaluation Methods And Systems
Reig-Mullor et al. Evaluating ESG corporate performance using a new neutrosophic AHP-TOPSIS based approach
Steiner et al. Genetic algorithms for product design: How well do they really work?
Strimas‐Mackey et al. Reserve design to optimize the long‐term persistence of multiple species
Bu et al. DVPred: a disease-specific prediction tool for variant pathogenicity classification for hearing loss
Dodevska et al. Changing criteria weights to achieve fair VIKOR ranking: a postprocessing reranking approach
Azouz et al. Multi‐objective memetic approach for the optimal web services composition
Reynolds et al. A multiobjective GRASP for rule selection
JP4224002B2 (en) Supply and demand mediation system, supply and demand mediation method, and program for supporting supply and demand mediation
Hou et al. Heuristic and integrated approach for technical document authority and authentication sequence determination
Mikhailov et al. Fuzzy approach to outsourcing of information technology services
Muradi Systematic selection of blockchain platforms using fuzzy AHP-TOPSIS

Legal Events

Date Code Title Description
STCF Information on status: patent grant

Free format text: PATENTED CASE

FPAY Fee payment

Year of fee payment: 4

FEPP Fee payment procedure

Free format text: MAINTENANCE FEE REMINDER MAILED (ORIGINAL EVENT CODE: REM.); ENTITY STATUS OF PATENT OWNER: SMALL ENTITY

FEPP Fee payment procedure

Free format text: ENTITY STATUS SET TO MICRO (ORIGINAL EVENT CODE: MICR); ENTITY STATUS OF PATENT OWNER: MICROENTITY

FEPP Fee payment procedure

Free format text: SURCHARGE FOR LATE PAYMENT, MICRO ENTITY (ORIGINAL EVENT CODE: M3555); ENTITY STATUS OF PATENT OWNER: MICROENTITY

MAFP Maintenance fee payment

Free format text: PAYMENT OF MAINTENANCE FEE, 8TH YEAR, MICRO ENTITY (ORIGINAL EVENT CODE: M3552); ENTITY STATUS OF PATENT OWNER: MICROENTITY

Year of fee payment: 8